SALE OF NITROUS OXIDE; MINORS                                                      H.B. 5463 & 5464:

                                                                                                    SUMMARY OF BILL

                                                                                      REPORTED FROM COMMITTEE

 

 

 

 

 

 

 

 

 

House Bills 5463 and 5464 (as reported without amendment)

Sponsor:  Representative Stephanie Chang (H.B. 5463)

               Representative Joseph Bellino (H.B. 5464)

House Committee:  Regulatory Reform

Senate Committee:  Judiciary


 

CONTENT

 

House Bill 5463 would amend Public Act 119 of 1967, which governs the sale, distribution, and use of certain chemical agents, to do following:

 

 --    Prohibit a person from selling or distributing a device that solely contained nitrous oxide to a person under 18 years of age unless he or she was accepting delivery of the device as an employee.

 --    Prescribe a maximum civil fine of $500 for a person who knowingly sold or distributed a device solely containing nitrous oxide to a minor, or who failed to make diligent inquiry as to whether the person was a minor.

 

House Bill 5464 would amend the Act to allow the Attorney General or a prosecuting attorney for the county in which a violation occurred to bring an action to recover the civil fine prescribed by House Bill 5463.

 

MCL 752.272a (H.B. 5463)                                                 Legislative Analyst:  Jeff Mann

Proposed MCL 752.272b (H.B. 5464)

 

FISCAL IMPACT

 

The bills would have an indeterminate fiscal impact on the State and local units of government.  The proposed civil fine would have the potential to increase revenue for the State, but it is unknown, by the language of the bills, whether that revenue would go to a restricted fund set aside for the Judiciary or the State's General Fund. It also is unknown if the actions brought to recover the fine would result in increased costs for the State or counties via caseloads or administrative costs.

 

Date Completed:  4-12-18                                                    Fiscal Analyst:  Joe Carrasco

Michael Siracuse

 

 

 

 

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.